10 minutes Typical stereotypes of attitude and movement (catatonia); numbles number to himself.
11 minutes Holds his head turned convulsively to the right; tries repeatedly to answer the first question concerning his birth date.
12 minutes Questions of the subject: "May I slice something?" (Note: In civilian work he was a delicatessen clerk) "May I pant, will it be all right if I inhale?"
455a Breathes deeply, then says, "All right, thank you very much."
15 minutes On being ordered to walk, steps forward and says: "All right, thank you very much."
17 minutes Gives his name; says he was born in 1928 (born 1 November 1908). Experimenter asks: "Where?" "Something 1928" "Profession?" "28-1928".
18 minutes May I inhale? "Yes." "I am content with that."
25 minutes Still the question continues: "Pant?"
28 minutes Sees nothing; runs against open window sash upon which the sun is shining, so that large lump is formed on his forehead; says: "Excuse me please." No expressions of pain.
30 minutes Knows his name and place of birth. Upon being asked for the day's date: "1 November 1928". Shivering of the legs; stuper continues; cannot be frightened by the report of a shot. Dark objects are still not discerned; subjects bumps against them. Is aware of bright lights; knows his profession, specially disoriented.
37 minutes Reacts to pain stimuli.
40 minutes Begins to observe differences. Fails continually into his previous speech stereotype.
50 minutes Specially oriented.
75 minutes Still disoriented in time; retrogressive anmesia over three days.
24 hours Normal condition again attained; has no recollection of the experiment itself.
MR. McMAHON: The prosecution will now offer in evidence Document 1607 PS, which will be Exhibit No. 115. And, it is on page 174, of the English and on page 148 of the German Document Books. This document is numbered "A" & "B". The letter which is narked "A" is dated 25 August 1942. It is a letter addressed to General Field Marshal Milch, from 456a Himmler, enclosing the report of high altitude experiments.
Himmler asks Milch to receive Dr. Rascher and Romberg, for a lecture and presentation of the film; the document shows that Milch sent this report, and thus, is additional proof, that he was fully informed of the high altitude experiments.
Himmler, himself, sent this report to Milch.
Such a prominent figure in the Nazi party, with the great power which he possessed, would not have been casually ignored by Milch. The letter reads:
"Enclosed please find a report about experiments for rescue from high altitudes, which have been carried out by Surgeon-Major Dr. S. Rascher and Dr. H. W. Romberg. I saw a film produced by Dr. Rascher. I consider the results of those experiments as so important for the Air Force, that I beg you to receive Dr. Rascher and Dr. Romberg for a lecture and the presentation of the film. I am convinced that, after having seen the film, you will also refer the matter to the Reich-Marshal, because of its importance.
I would be obliged, if you could let me know your opinion in one time.
Friendly greetings Heil Hitler!"
MR. McMAHON: Initials "H.H."
MR. BERGOLD: May it please the Tribunal! Please let me have the photostatic copy of the original, so that I can make a statement.
I merely wanted to find out on the copy, whether there was a "receiving" mark, which shows the initials "MI". Later on, in the course of the introduction of evidence, I shall prove, that all letters which are not signed with a red pencil, and do not carry the initials "MI", were never seen by the defendant Milch, but were forwarded directly. This letter does not show the initials "MI".
(Stepping forward and showing the Tribunal the document) May it please the Tribunal, Milch, whenever he received the letter, added his initials "MI"; at all times, when Milch received a document he indicated the receipt with a date; he initialed with a date. Those letters which do not show the initial were received by his office, but were not shown to him.
At a later date, I can prove this. I just wanted, at this time, to call the Court's attention to it.
457-A
THE PRESIDENT: Mr. McMahon, do you know whether the film referred to in this letter is available?
MR. McMAHON: As far as we know, your Honor, it is not available. In regard to the one just referred to, I would like your Honor to understand that the copies which we have come from the secret files of Mr. Himmler, therefore, cannot show the initials of Milch; and so, in fact, would not show that Milch had seen that. This letter was received from the files of Himmler and would not have the initials of Milch on this letter. In addition, we have a later reference to this letter, in a letter from Milch, saying that he had received this particular letter.
"1607 PS B" is on the next page, 175 of the English 127 in the German Document Book. This is a letter from Rascher with the report enclosed to Rudolf Brandt, dated 20th of July, 1942, stating that the Himmler report was to be forwarded to Milch.
The letter reads:
"Very esteemed Dr. Brandt:
Enclosed please find a copy of the work of myself and Dr. Romberg, 'Experiments for rescue from High Altitudes'.
On 14 July 1942 I was ordered by the Reichsfuehrer SS to send you the above-mentioned report. The Reichsfuehrer wants that report to be forwarded to General Field Marshal Milch, accompanied by a letter from him, asking Milch to receive Romberg and me for a lecture. I believe to have understood correctly that the Reichsfuehrer thought you would submit to him a letter to that effect for his signature.
I was very glad to hear that the Reichsfuehrer was satisfied with the result of the work at Dachau and with the film, and that he ordered an intensive continuation of the work in that field.
I recommended Dr. Romberg for the War Merit Cross on request of SS Lt. Col. Sievers. SS Colonel Dr. Weist ordered me to notify you hereof.
The Reichsfuehrer decided furthermore, on 14 July 1942, that the prisoner Sabota and the two prisoners who work in the dissection room in Dachau should be released and transferred to the group "Dirlewange". The exact names are in possession of SS Lt Col Sievers. The Reichsfuehrer has also issued an order to that effect to Major Sucheneck.
I thank you cordially for everything and remain Heil Hitler Yours Faithfully Signed:
Dr. S. Rascher"
MR. McMAHON: The Prosecution will now offer in evidence an interrogation of Defendant Milch, Document NOKW 421, which will be Prosecution Exhibit No. 116. On page 177 of the English copy and on page 159 of the German Document Book about three-quarters of the way down the page I call attention to the question beginning:
"Q. The film was shown in the Aviation Ministry. At the last minute you were prevented from attending the performance and said: Leave the film there.
.."
MR. McMAHON: That should be on page 159 of the German Document Book. The question would read:
"The film was shown in the Aviation Ministry. At the last minute you were prevented from attending the performance and said: Leave the film there. I will look at it later. Is that correct?
"A. I do not know about it.
"Q. Other people remember it very well.
"A. I do not know the film. I know of the film only from the report from Himmler or some other agency, that there was one. I did not see or read the report itself, or see or hear anything of the film.
"Q. Why did you tell the Reichsfuehrer SS Himmler: I read the report with great interest and will soon see the film.
"A. If you knew what the relationship to the Reichsfuehrer SS was, that one could write him anything else if one valued his own life.
"Q. But excuse me, then I must assume that you consciously lied to the Reichsfuehrer.
"A. I do not believe that you have the right to say that."
Now I would like to offer in evidence Document 343-PS which is on the last page of the index in the Document Book. This will be Prosecution Exhibit No. 117.
THE PRESIDENT: What was the document number, Mr. McMahon?
MR. McMAHON: 343-PS, B. 343-PS A has already been introduced earlier in the trial.
DR. BERGOLD: May it please the Tribunal I have to raise an objection with reference to the last exhibit referring to the interrogation of the defendant Milch. The defendant draws my attention to the fact that these minutes are not complete. A very important passage is omitted, namely, the passage where he says, "Why did you write?". I read that. It further says, "Upon that Milch replied", and that is the passage that was ommitted It was customary in a German ministry to write a letter to any subordinate agency in the first person, that is to say of the Ministry, even if the Minister himself was not dealing with the matter personally.
It may be well to point out to the Tribunal that a special letter was already submitted which was also written in the first person although Speer was already sick at that time and this reply is omitted in this exhibit. I, therefore, raise an objection since this interrogation was not submitted in its entirety.
MR. MC MAHON: Your Honor, we have submitted an excerpt of the interrogation, but the excerpt is complete in itself. I know of no passage such as Dr. Bergold refers to in the original interrogation and until we have that present or can submit it in German in original to show that no such passage existed -
DR. BERGOLD: I should ask for that.
THE PRESIDENT: Do you have the complete transcript of the entire examination of Milch?
MR. MC MAHON: I do have that, your Honor.
THE PRESIDENT: Can you not submit it to Dr. Bergold for his examination?
MR. MC MAHON: I think we can submit it. I don't know if we have it right here or not.
DR. BERGOLD: May it please the Tribunal, in order not to use time unnecessarily for the Tribunal may I examine this document during the recess?
THE PRESIDENT: Certainly. It has been suggested, Mr. McMahon, by Judge Phillips, that the answer to this interrogatory does not constitute either a confession nor an admission against interest but on the contrary a denial. Another question is: What value does it have as proof?
MR. MC MAHON: I would like to submit this interrogation and then contrast it with the next letter which I was about to read to show an inconsistency.
THE PRESIDENT: You propose to show that the answer as given.
MR. MC MAHON: That it is inconsistent with a document we have.
THE PRESIDENT: Contrary answers may be shown. Dr. Bergold, you can examine the transcript at your leisure and we will take the matter up again.
DR. BERGOLD: Thank you.
MR. McMAHON: This document I mentioned is 343-PS-B, on page 189 of the English and page 200 of the German Document Books. This is Milch's signature on the letter. This is a letter from Milch to Himmler, date 31 August 1942. Milch acknowledges Himmler's letter of 25 August 1942, which was 1607-PS and tells Himmler that he is much interested in the reports of Rascher and Romberg and will call for a lecture and film showing as requested by Himmler. In this letter Milch states that he has (1) read the reports of Dr. Rascher and Dr. Romberg and (2), that he is informed about the current experiments. Milch's signature appears on the letter. How then can he deny his awareness of Dr. Rascher's experiments and state that he does not know about it. The letter reads:
"Dear Mr. Himmler I thank you very much for your letter of the 25th of August.
I have read with great interest the reports of Dr. Rascher and Dr. Romberg. I am informed about the current experiments. I shall ask the two gentlemen to give a lecture combined with the showing of motion pictures to my men in the near future.
Hoping that it will be possible for me to see you at the occasion of my next visit to Headquarters, I remain with best regards and Heil Hitler!Signed:
E. Milch."
MR. BERGOLD: If it please the Tribunal, in regard to my previous objection, the defendant tells me he knows very well that he gave that reply, but evidently this reply was not taken down in the minutes. At the time I could not check up on it. The minutes were never shown to him again, nor did he sign them. He cannot recognize the completeness of the reply.
THE PRESIDENT: You are referring now to the interrogatives?
MR. BERGOLD: Yes.
MR. McMAHON: Your Honor, this interrogation was conducted in the customary manner; the minutes were taken down by a German court stenographer, and if the Court wishes, I think we can reproduce the sound track of this recording; but, as far as we know it is complete, and the original shows just what I have read.
THE PRESIDENT: The Tribunal is content to await testimony in accordance with Mr. Bergold's contention that this transcript is not complete. Let's have that first; then, if required, we can make further inquiry as to whether or not it is complete.
MR. BERGOLD: Thank you.
MR. McMAHON: The prosecution will now offer in evidence Document No. 269, which will be offered as Prosecution's Exhibit No. 118, and it appears on page 179 of the English Document Book, and page 174 of the German Document Book. This is a letter dated 27 November 1942 from G. Wolff, written on behalf of Himmler to Milch, and repeating Himmler's plea that Rascher be released from the Luftwaffe so that he can be transferred to a permanent assignment with the Waffen SS. Here is a letter informing Milch of the difficulties Rascher is experiencing in the Luftwaffe medical circles because of the low standards of the other Luftwaffe physicians. It constitutes additional proof of the fact that Milch was informed of the conflict going on in the Luftwaffe over the experiments of Dr. Rascher, and of the fact that remained in Milch's power to release Rascher or to put an end to his criminal experiments if Milch were so moved. The letter is dated 27 November 1942.
THE PRESIDENT: On the copy it appears to be 21 November.
MR. McMAHON: We have corrected it from the original Your Honor and it should be 27 November.
It reads as follows: "Highly esteemed Herr Fieldmarshal, My dear Party comrade Milch. You will remember that by order of the Reichsfuehrer SS I solicited your special interest in the work of an SS Leader Dr. Rascher, who is a physician, commissiined for the duration, with the Luftwaffe. The research, which is concerned with the reaction of the human organism at great heights and with the symptoms brought on by cooling the human body by immersing it for immersing it for a longer period in cold water and similar problems particularly necessary for the Luftwaffe, can be carried out especially efficiently in our organization because the Reichsfuehrer SS himself who is not associated with the Luftwaffe has accepted the responsibility for supply death-deserving as social persons and criminals from the concentration camps for these experiments. Unfortunately, you had no time recently when Mr. Rascher intended to give a lecture at the Aviation Ministry. The Reichsfuehrer SS would have set great hopes on the, because after having been informed yourself you would certainly have intervened and eliminated the great difficulties encountered by Mr. Rascher in his work. The difficulties are still the same as before. In the medical circles of the Luftwaffe they are of the opinion that it is natural for a young German flyer to risk his life, but that the life of a criminal, who is not conscripted into the army, is too sacred for that, and that they cannot sully their reputation by that. It is interesting that they demand the credit for the results of the experiments, while excluding the scientist who made them. The Reichsfuehrer SS himself has looked at these experiments and has-I can say this without exaggerating -- participated in every phase of this scientific work, aiding and also stimulating it. He does not wish now that you and he should become angry about this development. He is of the opinion that it will take at least another decade until we eliminate such narrow-mindedness from our people.
Our physician will keep you personally posted about the research necessary; our young and excellent soldiers must, however, not suffer thereby. The Reichsfuehrer SS, therefore, requests you to release Stabsarzt Dr. Rascher from the Luftwaffe and to transfer him to the Waffen SS. The Reichsfuehrer SS will then, on his own responsibility, arrange for all experiments in this field and make the results, which we in the SS need only in part namely for the cases of freezings in the East, completely available to the Luftwaffe. Here he suggests that you assign to me a really object physician, who furthermore is in a 464 (a) position to keep you personally posted about the research.
The Reichsfuehrer SS believes that this arrangement -- Dr. Rascher's transfer to the SS, so that he can carry out the experiments under the Reichsfuehrer's responsibility and orders -- is the best way. In any case these experiments must not be stopped, we owe that to our men. If Dr. Rascher remains in the Luftwaffe, there will certainly be many annoyances, because the Reichsfuehrer would then have to inform you of a number of unpleasant details which, so far as can be judged from the course of the experiments to date, would also occur in the future. Professor Holzloehner especially plays a role here. In order to save you and him a lot of trouble the Reichsfuehrer SS requests you to transfer Dr. Rascher to the Waffen SS as quickly as possible. The Reichsfuehrer SS would also be very grateful if you would order that the low-pressure chamber be made available again, along with differential vacum pumps (Stufenaggregatpumpen) as the experiments are to be extended to cover oven greater heights. Best regards and, Heil Hitler. Signed G. Wolff."
MR. BERGOLD: May it please the Tribunal, may I ask to give instructions to the Prosecution as to where this document came from that was read just now -- whether it came from the collection of Himmler or just where it was taken from.
MR. MC MAHON: This document, Your Honors, was taken from the files of Himmler.
MR. BERGOLD; Thank you. May it please the Tribunal, may I now make use of this letter to clarify the question discussed yesterday with reference to the so-called Himmler letter to Milch, in behalf of which the Court yesterday decided to suspend the subject so that I may clarify it. May I ask the Tribunal to examine document 1633 in your document book, Exhibit No. 111, on page 145 of your document book. Kindly take it and you will see by it, that the letter by Himmler, as written by Wolff, is almost word for word, identically the same, with the sole difference that Himmler's letter says he had done so and so, and in the letter of Wolff's he referred to what Himmler had done.
The comparison of the two letters, in my opinion, will easily show that they are absolutely identical, and consequently the 465 (a) letter of Himmler remains a draft which was never sent out, that rather Himmler evidently ordered Wolff to write this letter for him Himmler to Milch.
TEE PRESIDENT: The Tribunal notes your comments Doctor Bergold, and it is a matter of argument which does not affect the admissibility of the letters. You may draw whatever inference you wish from the exhibit, but the Court will admit both of them.
MR. BERGOLD: I am sorry, Your Honor, but I thought that had been ruled on, the question of the admissibility of Document 111, and that the question of its admission was to be decided at a later date. Did I misunderstand that?
THE PRESIDENT: No, that is correct.
MR. MC MAHON: I would like to say, Your Honors, in regard to that letter that it should be admitted insofar as it tends to show Himmler's feelings toward Milch, and the fact that he considered Milch as the all important man in the Luftwaffe insofar as these experiments were concerned. In other words, I think this letter should be admitted, not necessarily intending to prove that this matter was sent to Milch, but it constitutes proof of Himmler's attitude toward Milch, and that this later letter; just read, perhaps written under the copy which did got to Milch, and by which, he had full knowledge of Himmler's intentions in regard to these experiments.
THE PRESIDENT: Both exhibits will be admitted in evidence. It is to be assumed from that, that the Court finds, or does not find that the first communication from Himmler was received by Milch; it will be received in spite of the lack of proof of its actual delivery for other reasons.
MR. McMaHON: Yes, your Honor.
The prosecution will now offer NO-262, Exhibit No. 119, which is found on page 182 of the English Document Book and 176 of the German Document Book. This is a letter dated 6 March 1943 from Hippke to Wolff. Hippke maintained he is not opposed to chilling experiments on human beings and that, on the contrary, he is in favor of it. The letter reads:
"Dear Obergruppenfuehrer Wolff:
"The State Secretary Milch has given me your letter of 21 November of the last year -- Diary No. 1426-42 top secret -- regarding the release of the Stabsarzt of the Luftwaffe Dr. Rascher, to the Waffen-SS.
"I am prepared to release the Stabsarzt Dr. Rascher from the Luftwaffe, even after the Reich Physician of the SS, SS Gruppenfuehrer Dr. Grawitz explained to me that he could not find any substitute. I shall put him at the disposal of the Waffen-SS if Rascher himself desires this release. I shall ask him about that.
"Your conception thay I, as the responsible director of all medicalscientific research work, would have been opposed to the chilling experiments on human beings and so retarded their development is erroneous. I immediately agreed to the experiments, because our own previous experiments on large animals were concluded and supplementary work was necessary. It is also highly improbable that I, in that I am responsible for the development of all types of possibilities for rescuing our fliers would not do everything possible to further such works. When Rascher in his time explained his wishes to me, I agreed with him immediately. The difficulties Mr. Wolff, lie in an entirely different sphere: it is a question of vanity on the part of every one of whom personally wants to bring out new research results, and very often it is only with great effort that they can be led to work unselfishly for the common good. None of them is without guilt in this respect. Rascher is not either.
"If Rascher wants to build up his own research institute within the frame-work of the Waffen-SS, I have no objection. All research work within the field of aviation Medicine -- that is, altitude -- moreover, is under my scientific supervision in my capacity as director of German aviation medicine.
This institute would then be under the supervision of the Reich Physician of the SS, SS-Gruppenfuehrer Dr. Grawitz.
"Momentarily, however, this work cannot be carried on because its continuation would require a low-pressure chamber in which not only the altitude of the stratosphere, but also the stratospheric temperature can be established, but there is no such chamber available in German as yet. It is just being built as a general chamber in the frame-work of the new Research Institute for Aviation Medicine of Berlin, and I hope I shall be able to have it completed in the course of this year.
"If Rascher, on the other hand, wishes to conduct other experiments not concerned with altitude and chilling problems, these would not be under my supervision (aviation medicine) but under the supervision of the Hoerossanitaetsinspektor (military medicine), whom he would have to contact.
"I am going to talk over all these problems with Rascher in old comradeship, and I shall again notify you.
"With kind regards and signed Hippke."
The prosecution will now offer in evidence Document NO-268, which will he Prosecution Exhibit No. 120. This is on page 184 of the English and page 178 of the German Document Book. This is a letter dated 19 February 1943 from Hippke to Himmler, reporting on the results of the cold-water freezing experiments and mentioning the Luftwaffe conference of the 26th and 27th of October 1942 in Nurnberg, at which these experiments were discussed. Here we nave Hippke speaking for the Luftwaffe and expressing his thanks for the Reichsfuchrer SS's help in the experiments which were carried out for the benefit of the Luftwaffe. The letter reads:
"Reichsfuehrer:
"The experiments conducted in Dachau concerning protective measures against the effective freezing on the human body by immersion in cold water have lead to results of practical use. They were conducted by the Stabsarzte of the Luftwaffe Professer Dr. Holzloehner. Dr. Finke and Dr. Rascher in co-operation with the SS, and are now finished.
The result was reported upon by those who worked on them during a conference on medical problems arising from distress at sea and winter hardships on 26th and 27th October 1942 at Nurnberg. The detailed report on the coherence is at present in state of preparation.
"I thank you most gratefully for the great assistance that co-operation of the SS has meant for us in conducting the experiments, and beg you t c express our thanks, too, to the corm under of the Dachau camp.
"Heil Hitler signed, Prof.
Dr. Hippke."
The next document which the prosecution will offer in evidence is NO-448, which will be prosecution Exhibit No. 121 and is on page 185 of the English Document Book and page 179 of the German Document Book. This is an affidavit of Dr. Becker-Freyseng, who was a physician attached to the Medical Inspectorate, about the Nurnberg conference of the Luftwaffe on the 26th and 27 of October 1942. The freezing experiments at Dachau were openly discussed and there was a general understanding that experimental persons who were being used against their will their death was expected. Thus, it was known throughout the Luftwaffe and as a result Milch cannot avoid responsibility by his plea that these experiments wore little known in Luftwaffe circles. The affidavit reads:
"I, Hermann Becker-Freyseng, being duly sworn, depose and state:
"1. I was born on 18 July 1910 in Ludwigshafen. I studied medicine at the Universities of Heidelberg, Innsbruck, and Berlin. In the summer of 1940 I joined the Luftwaffe. At first I was an Unterarzt with a Flyer Selection Group."
Now, skip to Paragraph 4 at the bottom of the page.
"When I first joined the Luftwaffe, Hippke was Chief of the Inspectorate of the Medical Service of the Luftwaffe. Schroeder at that time was Chief Medical Officer of Air Fleet 2 and held the rank of Generalstabarzt. Schroeder held the highest rank in the medical service of the Luftwaffe other than Hippke.
Schroeder became Chief of the Medical Service of the Luftwaffe in January 1944.
"5. At the Nurnberg conference held in October 1942, Dr. Holzloehner gave a report on the freezing experiments conducted at Dachau in co-operation. with Dr. Rascher. Anthony was Chairman of the meeting. As a result of Holzloehner's report and others given at the conference, we issued instructions to Flight Surgeons that the warm bath method was to be used in receiving aviators who had been severely chilled.
THE PRESIDENT: Shouldn't that be "reviving?"
MR. McMAHON. I think it should be, your Honor, the will correct it to make it "reviving."
"I know that prior to the Nurnberg conference Holzloehner was experimenting with Rascher in Dachau on freezing problems. I also knew that Ruff and Romberg had conducted certain low-pressure experiments at Dachau in co-operation with Rascher. It was fairly well-known that those men were experimenting on concentration,camp inmates. Dr. Kalk told me that he had seen Rascher in Milch's office at the RLM and we were both very surprised at this."